Ariz. Rev. Stat. § 12-1181
Trial and judgment on appeal; writ of restitution
Operative Text
A. On trial of the action in the superior court, appellee, if out of possession and the right of possession is adjudged to him, shall be entitled to damages for withholding possession of the premises during pendency of the appeal and the court shall also render judgment in favor of appellee and against appellant and the sureties on his bond for damages proved and costs. B. The writ of restitution or execution shall be issued by the clerk of the superior court and shall be executed by the sheriff or constable as in other actions.
Under A.R.S. § 12-1171 et seq. § 12-1181, when a superior court rules on an eviction appeal and finds that the party who was out of possession (typically the landlord) has the right to possess the premises, that party may recover monetary damages for the period during which possession was wrongfully withheld during the appeal. The court enters judgment not only against the appellant who brought the appeal but also against the sureties who co-signed the appeal bond, covering both proven damages and costs. A writ of restitution or execution is then issued by the court clerk and carried out by the sheriff or constable, just as in other civil enforcement actions.
Plain English — not legal advice.
A.R.S. § 12-1171 et seq. § 12-1181 provides a mechanism for property owners who prevailed at the trial level but were kept out of possession while a tenant appealed to seek compensation for that delay. Compliant operators generally document all losses incurred during the appeal period—such as lost rent and carrying costs—so they can present proven damages to the superior court. Once judgment is entered, the writ of restitution is enforced through official channels (the sheriff or constable), so operators typically coordinate with those offices rather than attempting self-help recovery of the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 12-1171 et seq. § 12-1181, tenants who appeal an eviction ruling should be aware that if the superior court ultimately rules against them, the landlord may be entitled to damages for the entire period possession was withheld during the appeal, and those damages can be collected from both the appellant and any sureties on the appeal bond. This means the financial stakes of an unsuccessful appeal can extend beyond the original judgment. Tenants facing this situation may wish to consult a tenant-rights organization or legal aid provider to understand the full implications of filing or continuing an appeal under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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